RPDPS Training Bulletin - 148(a)(1) PC
ROHNERT PARK DEPARTMENT OF PUBLIC SAFETY
TRAINING BULLETIN
01/2025
Topic: Refusal to Identify During a Lawful Detention
Summary: An o cer generally cannot charge or arrest a person for a violation of Penal
Code Section 148(a)(1) - resisting/delaying/obstructing, when the person fails to provide
identification during a lawful detention (with some exceptions).
Case Law
*Terry v. Ohio - Amongst others, establishes that law enforcement has the right to
temporarily detain a criminal suspect on less than probable cause (reasonable suspicion) for
the purpose of determining whether that person was, is, or is about to be involved in
criminal activity.
*In re Gregory S (1980) - A violation of 148 PC may not be premised on a refusal to answer
questions, including a request for identification.
*City of Beaumont (1987) - Use of section 148 to arrest a person for refusing to identify
herself during a lawful Terry stop violates the Fourth Amendment’s proscription against
unreasonable searches and seizures.
*Sixth Judicial District Court of Nevada (2004) - SCOTUS ruled that a state statute requiring
a lawfully detained person to identify himself when so requested by law enforcement does
not violate the Fourth Amendment. (NOTE: CALIFORNIA HAS NOT ADOPTED THIS FORM OF STATUTE)
*People v. Quiroga (1993) - Before booking, the Fifth Amendment renders a suspect “free to
refuse to identify himself or to answer questions” without violating section 148.
*United States v. Christian (9th Cir. 2004) - “While failure to identify oneself cannot, on its
own, justify an arrest, nothing in our case law prohibits o cers from asking for, or even
demanding, a suspect’s identification…so long as the request is reasonably related to the
detention.
Statutory Law
*California is NOT a stop-and-identify state. California does not have a state statute that
requires a lawfully detained person to identify themselves, except as follows:
Vehicle Code Section 12951 (Infraction)
(a) The licensee shall have the valid driver’s license issued to him or her in his or her
immediate possession at all times when driving a motor vehicle upon a highway.
(b) The driver of a motor vehicle shall present his or her license for examination upon
demand of a peace o cer enforcing the provisions of this [Vehicle] code.
Penal Code Section 853.5 (paraphrased)
(a) Except as otherwise provided by law, in any case in which a person is arrested for
an o ense declared to be an infraction, the person may be released according to the
procedures set forth by this chapter for the release of persons arrested for an o ense
declared to be a misdemeanor. In all cases, except as specified in Sections 40302,
40303, 40305, and 40305.5 of the Vehicle Code, in which a person is arrested for an
infraction, a peace o cer shall only require the arrestee to present his or her driver’s
license or other satisfactory evidence of his or her identity for examination and to
sign a written promise to appear contained in a notice to appear. If the arrestee does
not have a driver’s license or other satisfactory evidence of identity in his or her
possession, the o cer may require the arrestee to place a right thumbprint, or a left
thumbprint or fingerprint if the person has a missing or disfigured right thumb, on
the notice to appear.
Penal Code Section 853.6 (paraphrased)
(a) (1) When a person is arrested for an o ense declared to be a misdemeanor,
including a violation of a city or county ordinance, and does not demand to be taken
before a magistrate, that person shall, instead of being taken before a magistrate, be
released according to the procedures set forth by this chapter, although nothing
prevents an o cer from first booking an arrestee.
(i) When a person is arrested by a peace o cer for a misdemeanor, that person shall
be released according to the procedures set forth in this chapter unless one of the
following is a reason for non release, in which case the arresting o cer may release
the person, except as provided in subdivision (a), or the arresting o cer shall
indicate, on a form to be established by the o cer’s employing law enforcement
agency, which of the following was a reason for the non release:
(5) The person could not provide satisfactory evidence of personal
identification.
Conclusion
*Generally speaking, it is unlawful to arrest an individual who refuses to identify themselves
during a lawful detention outside of the listed exceptions outlined by the California Penal
Code and California Vehicle Code. An articulated unreasonable delay of an o cer in the
performance of their duties when coupled with the demand to identify being directly related
to the detention may meet the elements of 148(a)(1) PC. However, there is no known
existing case law in the State of California on this issue.
References:
*LEGALUPDATES.COM:
https://www.legalupdates.com/legal-publication/refusal-identify-during-lawful-detention
*California Penal Code
*California Vehicle Code